CAUSE NO. D-1-GN-14-005114 JAMES STEELE, et al., IN THE … · 2015. 5. 1. · The deposition will be recorded stenographically. The stenographic recording will be conducted by U.S

CAUSE NO. D-1-GN-14-005114

JAMES STEELE, et al., Plaintiffs,

vs.

GTECH CORPORATION, Defendant.

§ § § § § § § §

IN THE DISTRICT COURT OF

TRAVIS COUNTY, TEXAS

201st JUDICIAL DIISTRICT

PLAINTIFFS’ NOTICE OF DEPOSITION OF CORPORATE REPRESENTATIVE OF GTECH CORPORATION AND SUBPOENA DUCES TECUM

TO: GTECH CORPORATION by and through its attorneys of record: Kenneth E. Broughton, Francisco Rivero, and Arturo Munoz, REED SMITH, LLP, 811 Main Street, Suite 1700, Houston, Texas 77002.

Please take notice that under the Texas Rules of Civil Procedure, Plaintiffs will take the

deposition of a corporate representative of GTECH Corporation at the office of GTECH

Corporation, 8200 Cameron Road #120, Austin, Texas 78754 on July 16, 2015 at 9:30 a.m. The

deposition will be recorded stenographically. The stenographic recording will be conducted by

U.S. Legal Support, 701 Brazos Street, Austin, Texas 78701, Tel. 512-292-4249.

GTECH Corporation should designate one or more persons to testify about the following

topics:

(1) All efforts made by GTECH to locate and produce items responsive to the requests for

production in Exhibits A, B, C, & D;

(2) The identity of and job description for the person(s) responsible for searching for the

items responsive to the requests for production in Exhibits A, B, C, & D;

(3) The location where the items responsive to the requests for production in Exhibits A, B,

C, & D are stored;

Pls.’ Ntc. of Depo. of Corp. Rep. of GTECH Corp. Page 1 of 5

(4) Whether any additional items responsive to the requests for production in Exhibits A, B,

C, & D are in existence but have not yet been located;


C, & D have been located but have not yet been produced; and,


C, & D are no longer in existence and the reasons why they are no longer in existence.

SUBPOENA DUCES TECUM

Additionally, GTECH Corporation should produce at the corporate representative’s

deposition the items responsive to the requests for production in Exhibits A, B, C, & D that have

not yet been produced.

Respectfully submitted,

LAGARDE LAW FIRM, P.C.

Richard L. LaGarde SBN: 11819550 Mary Ellis LaGarde SBN: 24037645 3000 Weslayan Street, Suite 380 Houston, Texas 77027 Telephone: (713) 993-0660 Facsimile: (713) 993-9007 Email: [email protected]

[email protected]

COUNSEL FOR PLAINTIFFS


MANFRED STERNBERG & ASSOCIATES, P.C.

_________________________________ Manfred Sternberg SBN: 19175775 4550 Post Oak Place Dr. #119 Houston, TX 77027 Telephone: (713) 622-4300 Facsimile: (713)622-9899 Email: [email protected]

CO-COUNSEL FOR PLAINTIFFS


CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause in accordance with Texas Rules of Civil Procedure on the 23rd day of April, 2015.

Kenneth E. Broughton Francisco Rivero Arturo Munoz REED SMITH, LLP 811 Main Street, Suite 1700 Houston, TX 77002 Telephone: (713) 469-3819 Facsimile: (713) 469-3899 Email: [email protected]

[email protected] [email protected]

COUNSEL FOR DEFENDANT GTECH CORPORATION

Clinton E. Wells JR. MCDOWELL WELLS, L.L.P. 603 Avondale Houston, TX 77006 Telephone: (713) 655-9595 Facsimile: (713) 655-7868 Email: [email protected]

COUNSEL FOR INTERVENORS, BOGHOSIAN, WILSON, AND BAMBICO

Leroy B. Scott SCOTT ESQ. 3131 McKinney Ave., Ste. 600 Dallas, TX 75204 Telephone: (214) 224-0802 Facsimile: (214) 224-0802 Email: [email protected]

COUNSEL FOR INTERVENOR, KENYATTA JACOBS

Andrew G. Khoury KHOURY LAW FIRM 2002 Judson Road, Ste. 204 Longview, TX 75606-1151 Telephone: 903-757-3992 Facsimile: 903-704-4759 Email: [email protected]

COUNSEL FOR INTERVENORS, THOMAS GREGORY, ET AL.

James D. Hurst JAMES D. HURST, P.C. 1202 Sam Houston Ave. Huntsville, TX 77340 Telephone: (936) 295-5091 Facsimile: (936) 295-5792 Email: [email protected]

COUNSEL FOR INTERVENORS, JAFREH AND BECHTOLD

Daniel H. Byrne Lessie G. Fitzpatrick FRITZ, BYNRE, HEAD & HARRISON, PLLC 98 San Jacinto Blvd., Ste. 2000 Austin, TX 78701 Telephone: (512) 476-2020 Facsimile: (512) 477-5267 Email: [email protected]

[email protected]

COUNSEL FOR INTERVENORS, HIATT, ET AL.


mailto:[email protected]



Leonard E. Cox P.O. Box 1127 Seabrook, TX 77586 Telephone: (281) 532-0801 Facsimile: (281) 532-0806 Email: [email protected]

COUNSEL FOR INTERVENORS, YARBROUGH AND CLARK

RICHARD L. LAGARDE


CAUSE NO. D-1-GN-14-005114

JAMES STEELE, et al. Plaintiffs,

V.

GTECH CORPORATION,

Defendant.

§ § § § § § § § § § § §



201ST JUDICIAL DISTRICT

PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

To: Defendant, GTECH Corporation, by and through its registered agent, Corporation Service Company, 211 E. 7th Street, Suite 620, Austin, Texas 78701.

Plaintiffs, JAMES STEELE, et al. serve these requests for production on Defendant, as

allowed by Texas Rule of Civil Procedure 196. Defendant must produce all requested

documents (as they are kept in the ordinary course of business or organized and labeled to

correspond with categories in each request) for inspection and copying, not more than 50 days

after service, at the offices of Plaintiffs’ counsel, LaGarde Law Firm, P.C., 3000 Weslayan Street,

Suite 380, Houston, Texas 77027.

Pls’ 1st RFP 1

EXHIBIT "A"




[email protected]

COUNSEL FOR PETITIONER



CO-COUNSEL FOR PETITIONER

Pls’ 1st RFP 2



The undersigned certifies that a true and correct copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause in accordance with Texas Rules of Civil Procedure on the 18th day of December, 2014.

Via Hand Delivery GTECH Corporation Corporation Service Company 211 E. 7th Street, Suite 620 Austin, Texas 78701

RICHARD L. LAGARDE

Pls’ 1st RFP 3

INSTRUCTIONS

For any requested information about a document that no longer exists or cannot be located, identify the document, state how and when it passed out of existence or when it could no longer be located, and give the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss, and identify each document evidencing the existence or nonexistence of each document that cannot be located.

DEFINITIONS

The following definitions shall have the following meanings, unless the context requires otherwise:

1. “Plaintiff” or “defendant,” as well as a party’s full or abbreviated name or apronoun referring to a party, means the party, and when applicable, the party’s agents, representatives, officers, directors, employees, partners, corporate agents, subsidiaries, affiliates, or any other person acting in concert with the party or under the party’s control, whether directly or indirectly, including any attorney.

2. “You” or “your” means Defendant, GTECH CORPORATION, your successors,predecessors, divisions, subsidiaries, present and former officers, agents,employees, and all other persons acting on behalf of Defendant or theirsuccessors, predecessors, divisions, and subsidiaries.

3. "Communication" means any disclosure, transfer, or exchange of information oropinion, however made.

4. “Document” means all written, typed, or printed matter and all magnetic,electronic, or other records or documentation of any kind or description in youractual possession, custody, or control, including those in the possession,custody, or control of any and all present or former directors, officers,employees, consultants, accountants, attorneys, or other agents, whether ornot prepared by you, that constitute or contain matters relevant to the subjectmatter of the action. “Document” includes, but is not limited to, the following:letters, reports, charts, diagrams, correspondence, telegrams, memoranda,notes, records, minutes, contracts, agreements, records or notations oftelephone or personal conversations or conferences, interofficecommunications, e-mail, microfilm, bulletins, circulars, pamphlets,photographs, faxes, invoices, tape recordings, computer printouts, drafts,résumés, logs, and worksheets.

Pls’ 1st RFP 4

5. “Electronic or magnetic data” means electronic information that is stored in amedium from which it can be retrieved and examined. The term refers to the original (or identical duplicate when the original is not available) and any other copies of the data that may have attached comments, notes, marks, or highlighting of any kind. Electronic or magnetic data includes, but is not limited to, the following: computer programs; operating systems; computer activity logs; programming notes or instructions; e-mail receipts, messages, or transmissions; output resulting from the use of any software program, including word-processing documents, spreadsheets, database files, charts, graphs, and outlines; metadata; PIF and PDF files; batch files; deleted files; temporary files; Internet- or web-browser-generated information stored in textual, graphical, or audio format, including history files, caches, and cookies; {continue listing examples as necessary}; and any miscellaneous files or file fragments. Electronic or magnetic data includes any items stored on magnetic, optical, digital, or other electronic-storage media, such as hard drives, floppy disks, CD-ROMs, DVDs, tapes, smart cards, integrated-circuit cards (e.g., SIM cards), removable media (e.g., Zip drives, Jaz cartridges), microfiche, punched cards, etc. Electronic or magnetic data also includes the file, folder, tabs, containers, and labels attached to or associated with any physical storage device with each original or copy.

6. “Fun 5’s” refers to the scratch-off game referred to by the Texas Lottery asInstant Game # 1592.

7. “Possession, custody, or control” of an item means that the person either hasphysical possession of the item or has a right to possession equal or superior to that of the person who has physical possession of the item.

8. “Person” means any natural person, corporation, firm, association, partnership,joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors or successors in interest.

9. “Mobile device” means any cellular telephone, satellite telephone, pager,personal digital assistant, handheld computer, electronic rolodex, walkie-talkie, or any combination of these devices.

10. “Non-privileged” means documents not protected by the attorney-clientprivilege or the attorney work-product privilege as those privileges arecurrently defined by Texas law.

11. “Contract” means an oral or written agreement.

12. “Identify” or “describe,” when referring to a person, means you must state thefollowing:

Pls’ 1st RFP 5

a. The full name.

b. The present or last known residential address and residential telephonenumber.

c. The present or last known office address and office telephone number.

d. The occupation, job title, employer, and employer’s address at the timeof the event or period referred to in each particular interrogatory.

e. In the case of any entity, identify the officer, employee, or agent mostclosely connected with the subject matter of the interrogatory and theofficer who is responsible for supervising that officer or employee.

13. “Identify” or “describe,” when referring to a document, means you must statethe following:

a. The nature of the document (e.g., letter, handwritten note).

b. The title or heading that appears on the document.

c. The date of the document and the date of each addendum, supplement,or other addition or change.

d. The identities of the author, signer of the document, and person onwhose behalf or at whose request or direction the document wasprepared or delivered.

e. The present location of the document and the name, address, positionor title, and telephone number of the person or persons having custodyof the document.

Pls’ 1st RFP 6

PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

1. Produce all Contracts in effect between September 1, 2013, and the present, which

governed your relationship with the Texas Lottery Commission.


governed the relationship between you and the parties responsible for designing Instant

Game No. 1592.


governed the relationship between you and the parties responsible for printing the

scratch-off tickets for Instant Game No. 1592.


governed the relationship between you and the parties responsible for producing the

validation program for the scratch-off tickets for Instant Game No. 1592.

5. Produce all non-privileged Documents that relate to, refer to, or reflect Communications

between you and the Texas Lottery Commission regarding Instant Game No. 1592.


between you and scratch-off ticket vendors regarding Instant Game No. 1592.


between you and persons or entities other than the Texas Lottery Commission regarding

Instant Game No. 1592.


internal to GTECH Corporation regarding Instant Game No. 1592.

Pls’ 1st RFP 7

9. Produce an exemplar copy of each scratch-off ticket produced by, designed by, printed

by, or sold by GTECH Corporation in Texas that contains language identical to or

substantially similar to the language contained in the instructions for Game 5 of the Fun

5’s game.

10. Produce an exemplar copy of each scratch-off ticket produced by, designed by, printed

by, or sold by GTECH Corporation in states other than Texas that contains language

identical to or substantially similar to the language contained in the instructions for

Game 5 of the Fun 5’s game.

11. If you contend that the second sentence in the instructions for Game 5 of the Fun 5’s

game simply describes the chance to multiply the prize already won under the first

sentence, produce an exemplar copy of each scratch-off ticket produced by, designed

by, printed by, or sold by GTECH Corporation in Texas that contains language describing

the chance to multiply a prize already won by the holder of the scratch-off ticket.

12. If you contend that the second sentence in the instructions for Game 5 of the Fun 5’s

game simply describes the chance to multiply the prize already won under the first

sentence, produce an exemplar copy of each scratch-off ticket produced by, designed

by, printed by, or sold by GTECH Corporation in states other than Texas that contains

language describing the chance to multiply a prize already won by the holder of the

scratch-off ticket.

13. Produce all non-privileged Documents that relate to, refer to, or reflect the regulations

for Instant Game No. 1592, including any drafts of said regulations.

Pls’ 1st RFP 8

14. Produce all non-privileged Documents that relate to, refer to, or reflect the language

appearing on the Fun 5’s scratch-off ticket, including any drafts of said language.

15. Produce all non-privileged Documents that relate to, refer to, or reflect the instructions

for Game 5 of the Fun 5’s scratch-off game, including any drafts of said instructions.

16. Produce all non-privileged Documents that relate to, refer to, or reflect what GTECH

Corporation contends was meant by the language of the instructions for Game 5 of the

Fun 5’s Game.

17. Produce all non-privileged Documents that relate to, refer to, or reflect what GTECH

Corporation contends was meant by the language contained in the official game

regulations for Game 5 of Instant Game No. 1592.

18. Produce all non-privileged Documents that relate to, refer to, or reflect whether

alternative language was considered for the language contained in the official game

regulations for Instant Game No. 1592.

19. Produce all non-privileged Documents that relate to, refer to, or reflect whether

alternative language was considered for the instructions for Game 5 printed on the Fun

5’s tickets.

20. Produce all non-privileged Documents that relate to, refer to, or reflect whether any

attempts were made to determine whether reasonable minds might differ as to the

meaning of the instructions for Game 5 of the Fun 5’s game.

21. Produce all non-privileged Documents that relate to, refer to, or reflect concern that

there may be the potential for confusion regarding the meaning of the instructions for

Game 5 of the Fun 5’s game.

Pls’ 1st RFP 9

22. Produce all non-privileged Documents that relate to, refer to, or reflect complaints

regarding Game 5 of the Fun 5’s game.

23. Produce all non-privileged Documents that relate to, refer to, or reflect inquiries

regarding the meaning of the instructions for Game 5 of the Fun 5’s game.


between Texas legislators and the Texas Lottery Commission regarding the Fun 5’s

game.


between Texas legislators and GTECH regarding the Fun 5’s game.


regarding the closing of Instant Game No. 1592.

27. Produce a copy of the Texas Lottery Commission Lottery Operations Division Procedure

LO-PD-018 effective March 29, 2012.

28. Produce a copy of all non-privileged Documents that relate to, refer to, or reflect drafts

of the Working Papers for Game No. 1592.

29. Produce a copy of all non-privileged Documents that relate to, refer to, or reflect

comments, questions, or changes made by the staff of the Texas Lottery Commission to

drafts of the Working Papers for Game No. 1592.

30. Produce a copy of all non-privileged Documents that relate to, refer to, or reflect the

Final Working Papers for Game No. 1592.


Executed Final Working Papers for Game No. 1592.

Pls’ 1st RFP 10


instructions given to the person who (or entity that) prepared the computer validation

program for Game No. 1592 which describe under what circumstances a ticket should

be declared a winning ticket under the first and second sentences of the instructions for

Game 5 of the Fun 5’s game. This request is meant to include any “If-Then” or If-Then-

Else” instructions provided for Game 5 of Instant Game No. 1592.

33. Produce any organizational charts for GTECH Corporation that were in effect from

September 1, 2013, to the present.

34. Produce any proposals for Game No. 1592 provided by GTECH Corporation to the Texas

Lottery Commission.


development of Game No. 1592.


design of Game No. 1592.


design of the scratch-off Fun 5’s tickets for Game No. 1592.

38. Produce a copy of all non-privileged Documents that relate to, refer to, or reflect testing

of Game No. 1592.


approval by GTECH of Game No. 1592.


approval by the Texas Lottery Commission of Game No. 1592.

Pls’ 1st RFP 11

CAUSE NO. D-1-GN-14-005114


vs.


§ § § § § § § §



201st JUDICIAL DISTRICT

PLAINTIFFS’ SECOND SET OF DISCOVERY TO DEFENDANT GTECH CORPORATION

To: Defendant, GTECH Corporation, by and through its attorneys of record, Kenneth E. Broughton and Francisco Rivero, REED SMITH, LLP, 811 Main Street, Suite 1700, Houston, Texas 77002-6110.

Plaintiffs, JAMES STEELE, et al., serve these interrogatories, requests for production, and

requests for admission on Defendant, as allowed by Texas Rules of Civil Procedure 197, 196, and

198. Defendant must answer each interrogatory separately, fully, in writing, and under oath,

within 30 days of service. Defendant must also produce all requested documents (as they are

kept in the ordinary course of business or organized and labeled to correspond with categories

in each request) for inspection and copying, not more than 30 days after service, at 3000

Weslayan Street, Suite 380, Houston, Texas 77027. Finally, Defendant must admit or deny each

request for admission, in writing, within 30 days after service.

Pls’ 2nd Set of Discovery Page 1 of 5

EXHIBIT "B"




[email protected]







The undersigned certifies that a true and correct copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause in accordance with Texas Rules of Civil Procedure on the 24th day of February, 2015.

Via facsimile 713-469-3899 Kenneth E. Broughton Francisco Rivero Arturo Munoz REED SMITH, LLP 811 Main Street, Suite 1700 Houston, TX 77002 Telephone: (713) 469-3819 Facsimile: (713) 469-3899

COUNSEL FOR DEFENDANT

Via facsimile 713-655-7868 Clinton E. Wells JR. MCDOWELL WELLS, L.L.P. 603 Avondale Houston, TX 77006 Telephone: (713) 655-9595 Facsimile: (713) 655-7868


Via facsimile 214-224-0802 Leroy B. Scott SCOTT ESQ. 3131 McKinney Ave., Ste. 600 Dallas, TX 75204 Telephone: (214) 224-0802 Facsimile: (214) 224-0802 Email: [email protected]


RICHARD L. LAGARDE


DEFINITIONS

These words and phrases have the following meanings unless the context requires otherwise:

“Fun 5’s” - means Texas Lottery Instant Game Number 1592.

“Non-Winning Ticket” – means a Ticket which is not programmed to be a winning Ticket.

“Play Symbol” – means the printed data under the latex on the front of the Instant Ticket that is used to determine eligibility for a prize.

“Serial Number” - means a unique 14 (fourteen) digit number under the latex scratch-off covering on the front of the Fun 5’s Ticket.

“Ticket” – means a Texas Lottery “Fun 5’s” Instant Game No. 1592 Ticket.

1. REQUEST FOR ADMISSION: GTECH Corporation provided the Texas Lottery with the SerialNumbers of winning Tickets for the “Fun 5’s” game.

RESPONSE:

2. REQUEST FOR ADMISSION: GTECH Corporation provided the Texas Lottery with the SerialNumbers of Non-Winning Tickets for the “Fun 5’s” game.

RESPONSE:

3. REQUEST FOR ADMISSION: The Serial Numbers of Fun 5’s Tickets which reveal a “MONEYBAG” Play Symbol in Game 5 but do not also reveal three “5” Play Symbols in any onerow, column, or diagonal do not correspond to the Serial Numbers of winning TicketsGTECH Corporation provided to the Texas Lottery.

RESPONSE:

4. REQUEST FOR ADMISSION: The Serial Numbers of Fun 5’s Tickets which reveal a “MONEYBAG” Play Symbol in Game 5 but do not also reveal three “5” Play Symbols in any onerow, column, or diagonal do correspond to the Serial Numbers of Non-Winning TicketsGTECH Corporation provided to the Texas Lottery.

RESPONSE:


5. INTERROGATORY: If you have responded to any of the four preceding requests foradmission with anything other than an unqualified “Admitted”, state in detail all the factsupon which you base your refusal to admit such request(s) and identify the name,address, and employer of the individuals who have knowledge of such facts.

RESPONSE:

6. REQUEST FOR PRODUCTION: If you have responded to any of the four precedingrequests for admission with anything other than an unqualified “Admitted”, pleaseproduce a copy of all documents that refer to, relate to, or regard the facts upon whichyou base your refusal to admit such request(s).

RESPONSE:


CAUSE NO. D-1-GN-14-005114


vs.


§ § § § § § § §




PLAINTIFFS’ THIRD SET OF DISCOVERY TO DEFENDANT GTECH CORPORATION

To: Defendant, GTECH Corporation, by and through its attorneys of record, Kenneth E. Broughton and Francisco Rivero, REED SMITH, LLP, 811 Main Street, Suite 1700, Houston, Texas 77002-6110.

Plaintiffs, JAMES STEELE, et al., serve these requests for production, on Defendant, as

allowed by the Texas Rules of Civil Procedure. Defendant must produce all requested documents

(as they are kept in the ordinary course of business or organized and labeled to correspond with

categories in each request) for inspection and copying, not more than 30 days after service, at

3000 Weslayan Street, Suite 380, Houston, Texas 77027.



Richard L. LaGarde SBN: 11819550 3000 Weslayan Street, Suite 380 Houston, Texas 77027 Telephone: (713) 993-0660 Facsimile: (713) 993-9007 Email: [email protected]


Plaintiffs’ 3rd Set of Discovery Page 1 of 5

EXHIBIT "C"


The undersigned certifies that a true and correct copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause in accordance with Texas Rules of Civil Procedure on the 16th day of April, 2015.

Kenneth E. Broughton Francisco Rivero Arturo Munoz Reed Smith, LLP 811 Main Street, Suite 1700 Houston, TX 77002 Telephone: (713) 469-3819 Facsimile: (713) 469-3899 Email: [email protected]



Clinton E. Wells JR. McDowell Wells, L.L.P. 603 Avondale Houston, TX 77006 Telephone: (713) 655-9595 Facsimile: (713) 655-7868 Email: [email protected]


Leroy B. Scott Scott Esq. 3131 McKinney Ave., Ste. 600 Dallas, TX 75204 Telephone: (214) 224-0802 Facsimile: (214) 224-0802 Email: [email protected]


Andrew G. Khoury Khoury Law Firm 2002 Judson Road, Ste. 204 Longview, TX 75606-1151 Telephone: 903-757-3992 Facsimile: 903-704-4759 Email: [email protected]


James D. Hurst James D. Hurst, P.C. 1202 Sam Houston Ave. Huntsville, TX 77340 Telephone: (936) 295-5091 Facsimile: (936) 295-5792 Email: [email protected]


Daniel H. Byrne Lessie G. Fitzpatrick Fritz, Bynre, Head & Harrison, PLLC 98 San Jacinto Blvd., Ste. 2000 Austin, TX 78701 Telephone: (512) 476-2020 Facsimile: (512) 477-5267 Email: [email protected]

[email protected]

COUNSEL FOR INTERVENORS,


HIATT, ET AL. Leonard E. Cox P.O. Box 1127 Seabrook, TX 77586 Telephone: (281) 532-0801 Facsimile: (281) 532-0806 Email: [email protected] COUNSEL FOR INTERVENORS, YARBROUGH AND CLARK

RICHARD L. LAGARDE


DEFINITIONS

These words and phrases have the following meanings unless the context requires otherwise:

• “Steele Lawsuit” -- means Cause No. D-1-GN-14-005114; James Steele, et al. vs. GtechCorporation; In the 201st Judicial District Court of Travis County, Texas.

• “IGT”-- means International Game Technology, a Nevada Corporation.

1. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH Corporation and IGTthat refer to, relate to, or regard the Steele Lawsuit.RESPONSE:

2. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH S.p.A and IGT that referto, relate to, or regard the Steele Lawsuit.RESPONSE:

3. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH Corporation and GTECHS.p.A that refer to, relate to, or regard the Steele Lawsuit.RESPONSE:

4. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH Corporation andMacKenzie Partners, Inc. that refer to, relate to, or regard the Steele Lawsuit.RESPONSE:

5. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH S.p.A and MacKenziePartners, Inc. that refer to, relate to, or regard the Steele Lawsuit.RESPONSE:

6. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH Corporation and CreditSuisse Securities (Europe) Limited that refer to, relate to, or regard the Steele Lawsuit.RESPONSE:


7. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH S.p.A and Credit SuisseSecurities (Europe) Limited that refer to, relate to, or regard the Steele Lawsuit.RESPONSE:

8. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH Corporation andMorgan Stanley & Co. LLC that refer to, relate to, or regard the Steele Lawsuit.RESPONSE:

9. REQUEST FOR PRODUCTION: Please produce a copy of all representations, warranties,disclosures, and/or communications of any type between GTECH S.p.A and MorganStanley & Co. LLC that refer to, relate to, or regard the Steele Lawsuit.RESPONSE:


CAUSE NO. D-1-GN-14-005114


vs.


§ § § § § § § §




PLAINTIFFS’ FOURTH SET OF DISCOVERY TO DEFENDANT GTECH CORPORATION

To: Defendant, GTECH Corporation, by and through its attorneys of record, Kenneth E. Broughton, Francisco Rivero, and Arturo Munoz, REED SMITH, LLP, 811 Main Street, Suite 1700, Houston, Texas 77002-6110.

Plaintiffs, JAMES STEELE, et al., serve these interrogatories, requests for production, and

requests for admission on Defendant, as allowed by Texas Rules of Civil Procedure 197, 196, and

198. Defendant must answer each interrogatory separately, fully, in writing, and under oath,

within 30 days of service. Defendant must also produce all requested documents (as they are

kept in the ordinary course of business or organized and labeled to correspond with categories

in each request) for inspection and copying, not more than 30 days after service, at 3000

Weslayan Street, Suite 380, Houston, Texas 77027. Finally, Defendant must admit or deny each

request for admission, in writing, within 30 days after service.

Pls’ 4th Set of Discovery Page 1 of 5

EXHIBIT "D"




[email protected]



________________________________ Manfred Sternberg SBN: 19175775 4550 Post Oak Place Dr. #119 Houston, TX 77027 Telephone: (713) 622-4300 Facsimile: (713)622-9899 Email: [email protected]







The undersigned certifies that a true and correct copy of the foregoing document was sent to the following counsel of record in accordance with Texas Rule of Civil Procedure 21a on the this 20th day of April, 2015.

Kenneth E. Broughton Francisco Rivero Arturo Munoz REED SMITH, LLP 811 Main Street, Suite 1700 Houston, TX 77002 Telephone: (713) 469-3819 Facsimile: (713) 469-3899 Email: [email protected]



Clinton E. Wells, Jr. MCDOWELL WELLS, L.L.P. 603 Avondale Houston, TX 77006 Telephone: (713) 655-9595 Facsimile: (713) 655-7868 Email: [email protected]


Leroy B. Scott SCOTT ESQ. 3131 McKinney Ave., Ste. 600 Dallas, TX 75204 Telephone: (214) 224-0802 Facsimile: (214) 224-0802 Email: [email protected]


Andrew G. Khoury KHOURY LAW FIRM 2002 Judson Road, Ste. 204 Longview, TX 75606-1151 Telephone: (903) 757-3992 Facsimile: (903) 704-4759 Email: [email protected]


James D. Hurst JAMES D. HURST, P.C. 1202 Sam Houston Ave. Huntsville, TX 77340 Telephone: (936) 295-5091 Facsimile: (936) 295-5792 Email: [email protected]


Daniel H. Byrne Lessie G. Fitzpatrick FRITZ, BYNRE, HEAD & HARRISON, PLLC 98 San Jacinto Blvd., Ste. 2000 Austin, TX 78701 Telephone: (512) 476-2020 Facsimile: (512) 477-5267 Email: [email protected]

[email protected]

COUNSEL FOR INTERVENORS, HIATT, ET AL.





Leonard E. Cox P.O. Box 1127 Seabrook, TX 77586 Telephone: (281) 532-0801 Facsimile: (281) 532-0806 Email: [email protected]

COUNSEL FOR INTERVENORS, YARBROUGH AND CLARK

RICHARD L. LAGARDE


PLAINTIFFS’ FOURTH SET OF DISCOVERY

1. REQUEST FOR ADMISSION: The Texas Lottery Commission did not cause or contribute tocausing the harm for which recovery of damages is sought by the Plaintiffs andIntervenors in this lawsuit.

RESPONSE:

2. INTERROGATORY: If you have responded to the preceding request for admission withanything other than an unqualified “Admitted”, state in detail all the facts upon whichyou base your refusal to admit such request(s) and identify the name, address, andemployer of the individuals who have knowledge of such facts.

RESPONSE:

3. REQUEST FOR PRODUCTION: If you have responded to the preceding request foradmission with anything other than an unqualified “Admitted”, please produce a copy ofall documents that refer to, relate to, or regard the facts upon which you base your refusalto admit such request(s).

RESPONSE:
